Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1887-05-31
The Victims of Circumstances
Derived from the Record. Of old Trials.
BY wrLgrE COLLINS.


BY wILgIE COLLINS.
arson Tibbald, a Magistrate livino
within days ride OF the ancisnt c;tv
~ iork' surprised the members Of his
anny, one morning, by presenting
himself at breakfast without am 49,
ute. Upon his wife asking him Il the
aisnes on the table were not to hi.
taste, ne answered, my DAYS WORK
:. nos &c my taste. For the first time
SINCE have been one OF his maiestv,s
justices, charge OF murder Is COMING
before me. and the man accused i one
OF our neighbors.''
The person in this miserable nl;5ht
was Thomas Harris, an inn-keener
charged with numbering James Grav
traveller sleeping in his house.
ne witnesses against him were his
own servants: Elias Morgan. various.
~ employed as waiter, hostler and
gardener; and Maria Mackling. cham.
ber-maid.
in his evidence against his master
Morgan declared that he had seen
Thomas Harris on the travellers he'd,
killing the man by strangling. In fear
OF what might happen if he remained
In the room. Morgan feignei to 90
downstairs. Returning secretly. he
looked through the keyhole OF a door
IN an adjoining bed-chamber, and saw
the landlord rifing James Gray's
pockets.
Harris answered to this, that all
MS nelghbors knew him to be an hon
est man. He had found Grey in a fit.
anu iiao endeavored to restore him
70 MS senses without success. The
doctor who had examined the BODY
supported this assertion by declaring
that ne had found no marks of VIC.
lence on the dead traveller. In the
opinion OF the magistrate. the case
againts Harris had now broken down.
ana the prisoner would have been
DISCHARGED, but for the appearance of
the mald-servant asking to be sworn.
Maria Mackling then made the
statement that follows:
"On The morning when nv fellow
servant found Mr.. Harris throttlipg
James Gray, was IN the back wash.
house, which looks out on the garden.
ana wondered what he wanted there
at that early hour. l watched him.
lie was within afew yards of the win
dow, when | saw him take handful of
gold pieces out of his pocket, aud wrap
Them up IN something that looked
like a bit of canvas. Alter that, he
went or to tree in CORNER of the
| garden, and dug hole under the tree
and hid the money in it. Send the
| constable with me to the garden, and
let him See If have not spoken the
| truth"
But good Parson Tibbald waited
awhile to give his neighbor an oppor-
tunity OF answering the maid servant.
Thomas Harris startled every
body present by turning pale,
and failing to defend himself in
| telligibly against the serious state
ment made by the girl. The con-
stable was accordingly sent to the gar
den with Maria Mackling-and there,
under the tree, the gold pieces were
found. After this the magistrate had
but one alternative left. He commit
ted the prisoner for trial at the next
assizes.
The witnesses having repeated their
evidence before the Judge and the jury,
| Thomas Harris was asked what he
had to say in his own defence.
In those days the mercless law did
| not allow prisoners to have the assist
| ance OF counsel. Harris was LETT to
| do his best for himself. During his
confinement in prison, he found time
to compose his mind, and to consider
| beforehand how he might most fifty
| plead his own cause. After d solemn
assertion OF his innocence, he proceed
| ed in these words:
"At my examination before the
| magistrate, my maidservant's evil
dence took ME by surprise. | was
ashamed to acknowledge what am
| now resolved to confess. My lord,
am by nature a covetous man. fond
OF money. afraid OF thieves. and sus-
| picious of people about Inc VINO know
|
| admit that did what other misery
men have done before me: l hid the
gold as the girl has said. But |
! buried it in secret for my own better
security Every farthing OF that mon
ey is my property, and has been hon.
estly come by"
Such was the defence in substance.
| Having heard it, the Judge summed up
the case.
His lordship dwelt particularly on
| the circumstances OF the hiding OF the
money; pointing out the weakness OF
the reasons assigned by the
prisoner for his conduct, and leav-
| ING it to the jury to decide which
they believed-the statement given in
evidence by the witnesses, or the state
ment made by Harris. The jury ap-
peared to think consultation among
| themselves. in this case, a mere waste
OF time. In two minutes they found
the prisoner guilty OF the murder ol
James Gray.
In these days. if a man had been
iudiciaily condemned to death on
! doubtful evidence, after two minutes
| of consideration, our parliament and
our press would have saved his life,
I In the bad old times Thomas Harris
was hanged; meetinghis fate with firm
ness, and declaring his innocence with
his last breath.
Between five and six months after
| the date OF the execution, an English
man who had been employed in tor
eign military service returned to his
| own cnnntrv. after an absence o!